A06762 Summary:

BILL NOA06762B
 
SAME ASSAME AS S07196
 
SPONSORFahy
 
COSPNSRAnderson, Burdick, Dinowitz, Seawright, Sillitti, Taylor, Rosenthal L, Carroll, Jacobson, Steck, Thiele, Perry, Darling, Epstein, Otis, Simon, Davila, Meeks, Barron, Hevesi, Paulin, Lavine, Rivera J, Colton, Dickens, Dilan, Jean-Pierre, Pichardo, Cruz, Griffin, Gottfried, Solages, Abinanti, Galef, Gonzalez-Rojas, Kelles, Zinerman, Burgos, Bichotte Hermelyn, Fernandez
 
MLTSPNSR
 
Add Art 39-DDDD §§898-a - 898-e, Gen Bus L
 
Relates to the dangers to the safety and health of the public caused by the sale, manufacturing, importing and marketing of firearms and whether such activity constitutes a public nuisance.
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A06762 Actions:

BILL NOA06762B
 
03/29/2021referred to economic development
04/15/2021amend and recommit to economic development
04/15/2021print number 6762a
06/05/2021reference changed to codes
06/05/2021amend and recommit to codes
06/05/2021print number 6762b
06/07/2021reported referred to rules
06/08/2021reported
06/08/2021rules report cal.591
06/08/2021substituted by s7196
 S07196 AMEND= MYRIE
 06/05/2021REFERRED TO RULES
 06/07/2021ORDERED TO THIRD READING CAL.1613
 06/08/2021PASSED SENATE
 06/08/2021DELIVERED TO ASSEMBLY
 06/08/2021referred to codes
 06/08/2021substituted for a6762b
 06/08/2021ordered to third reading rules cal.591
 06/08/2021passed assembly
 06/08/2021returned to senate
 07/06/2021DELIVERED TO GOVERNOR
 07/06/2021SIGNED CHAP.237
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A06762 Committee Votes:

CODES Chair:Dinowitz DATE:06/07/2021AYE/NAY:16/6 Action: Favorable refer to committee Rules
DinowitzAyeMorinelloNay
PretlowAyeGiglioNay
CookAyeMontesanoNay
CymbrowitzAyeReillyNay
O'DonnellAyeMikulinNay
LavineAyeTannousisNay
PerryAye
AbinantiAye
WeprinAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye
WalkerAye
VanelAye
CruzAye

RULES Chair:Gottfried DATE:06/08/2021AYE/NAY:22/8 Action: Favorable
HeastieExcusedBarclayNay
GottfriedAyeHawleyNay
NolanAyeGiglioNay
WeinsteinAyeBlankenbushNay
PretlowAyeNorrisNay
CookAyeMontesanoNay
GlickAyeRaNay
AubryAyeBrabenecNay
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensAye
DavilaAye

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A06762 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6762B
 
SPONSOR: Fahy
  TITLE OF BILL: An act to amend the general business law, in relation to the dangers to safety and health and creation of a public nuisance caused by the sale, manufacturing, distribution, importing and marketing of firearms   PURPOSE: To regulate the sale, manufacture, importation and marketing of firearms in relation to creating or maintaining a condition that endangers safety or health through the sale, manufacturing, importing or marketing of firearms within the guidelines of City of New York v Beretta USA Corp., 524 F3d 384 (2d Cir. 2008).   SUMMARY OF PROVISIONS: This bill amends the General Business Law by adding new Article 39-DDDD. Section 1: Contains Legislative findings and intent. Section 2: Defines several terms that appear in the bill including "deceptive acts or practices," "reasonable controls and procedures", "false advertising", "gun industry member", the terms "knowingly" and "recklessly", and "qualified product". (§ 898-a 1, 2, 3, 4, 5 and 6). Section 2 provides further that no gun industry member, as that term is defined in the bill, shall create or maintain a condition that endangers safety or health of the public through the sale, manufacturing, import- ing, or marketing of a "qualified product" as defined in 15 U.S.C. section 7903(4). ((§ 898-b 1 and 2). Section 2 also declares that a violation of the new article that results in harm to the public is a public nuisance regardless of whether the gun industry member acted for the purpose of causing harm to the public (§ 898-c 1 and 2). Section 2 further provides for enforcement by the attorney general in the name of the people of the state of New York or by any city corpo- ration counsel on behalf of the locality (§ 898-d) and also provides for a private right of action by any person, firm, corporation, or associ- ation that has been damaged as a result of a gun industry member's acts or omissions (§ 898-e). Section 3: Severability clause. Section 4. Provides that the act takes effect immediately.   JUSTIFICATION: Virtually every illegal firearm was once legal. Our country is awash with legal and illegal firearms and the People are paying the price in money and misery wrought by the illegal use of legal firearms. This unacceptable situation poses specific harm to New Yorkers based largely on their zip code and certain immutable characteristics such as race and ethnicity. Given the ease with which legal firearms flow into the ille- gal market -- in spite of stringent state and local restrictions -- and given the specific harm illegal firearm violence causes certain New Yorkers, those responsible for the sale, manufacture, importing, or marketing of firearms should be held liable for the public nuisance caused by such activities. This bill has been drafted to comport with the Protection of Lawful Commerce in Arms Act (18 USC 5921) as construed by the United States Court of Appeals for the Second Circuit in City of New York v Beretta USA Corp., 524 F3d 384 (2d Cir 2008). Through the PLCAA, the firearms industry is shielded from civil liability except when the basis for that liability is a "predicate statute" that is applicable to the sale or marketing of firearms. With the passage of this bill, it is our hope that the right of the People to hold the firearms industry accountable will be restored.   LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A06762 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6762--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 29, 2021
                                       ___________
 
        Introduced  by  M.  of  A. FAHY, ANDERSON, BURDICK, DINOWITZ, SEAWRIGHT,
          SILLITTI, TAYLOR,  L. ROSENTHAL,  CARROLL,  JACOBSON,  STECK,  THIELE,
          PERRY,  DARLING,  EPSTEIN, OTIS, SIMON, DAVILA, MEEKS, BARRON, HEVESI,
          PAULIN,  LAVINE,  J. RIVERA,  COLTON,  DICKENS,  DILAN,   JEAN-PIERRE,
          PICHARDO,  CRUZ,  GRIFFIN, GOTTFRIED, SOLAGES, ABINANTI, GALEF, GONZA-
          LEZ-ROJAS, KELLES -- read  once  and  referred  to  the  Committee  on
          Economic  Development  --  committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said  committee  --  reference
          changed  to  the  Committee  on  Codes  --  committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN  ACT to amend the general business law, in relation to the dangers to
          safety and health and creation of a  public  nuisance  caused  by  the
          sale, manufacturing, distribution, importing and marketing of firearms
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings and  intent.  The  legislature  hereby
     2  finds  that  the  illegal  use of firearms not only constitutes a public
     3  nuisance as declared in article 400 of  the  penal  law,  but  that  the
     4  effects  of  such nuisance contribute to the public health crisis of gun
     5  violence in this state as declared by the legislature in  the  2021-2022
     6  legislative  session.  This  nuisance poses specific harm to New Yorkers
     7  based largely on their zip code and  certain  immutable  characteristics
     8  such as race and ethnicity.  Illegal firearm violence has disproportion-
     9  ately  affected  underserved black and brown neighborhoods in our cities
    10  and throughout the state despite stringent state and local laws  against
    11  the  illegal  possession  of  firearms while, according to the Bureau of
    12  Alcohol, Tobacco, Firearms and Explosives statistics,  74%  of  firearms
    13  used  in crimes in New York are purchased outside of New York. Thus, the
    14  legislature further finds that given the ease at  which  legal  firearms
    15  flow  into  the  illegal  market,  and  given  the specific harm illegal
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06691-04-1

        A. 6762--B                          2
 
     1  firearm violence causes certain New Yorkers, those responsible  for  the
     2  illegal  or  unreasonable  sale, manufacture, distribution, importing or
     3  marketing of firearms may be held liable for the public nuisance  caused
     4  by  such  activities.    Additionally,  many New Yorkers, including many
     5  children, are gravely injured  or  killed  unintentionally  due  to  the
     6  firearm  industry's  failure to implement reasonable safety measures and
     7  the legislature finds that this failure also warrants liability.
     8    § 2. The general business law is  amended  by  adding  a  new  article
     9  39-DDDD to read as follows:
    10                               ARTICLE 39-DDDD
    11          SALE, MANUFACTURING, IMPORTING AND MARKETING OF FIREARMS
    12  Section 898-a. Definitions.
    13          898-b. Prohibited activities.
    14          898-c. Public nuisance.
    15          898-d. Enforcement.
    16          898-e. Private right of action.
    17    §  898-a.  Definitions.  For  purposes  of this article, the following
    18  terms shall have the following meanings:
    19    1. "Deceptive acts or  practices"  shall  have  the  same  meaning  as
    20  defined in article twenty-two-A of this chapter.
    21    2.    "Reasonable  controls  and  procedures" shall mean policies that
    22  include, but are not limited to: (a)  instituting  screening,  security,
    23  inventory  and  other  business practices to prevent thefts of qualified
    24  products as well as sales of qualified  products  to  straw  purchasers,
    25  traffickers,  persons prohibited from possessing firearms under state or
    26  federal law, or persons at risk of injuring themselves  or  others;  and
    27  (b)  preventing  deceptive  acts and practices and false advertising and
    28  otherwise  ensuring  compliance   with   all   provisions   of   article
    29  twenty-two-A of this chapter.
    30    3. "False advertising" shall have the same meaning as defined in arti-
    31  cle twenty-two-A of this chapter.
    32    4.  "Gun  industry  member"  shall  mean  a person, firm, corporation,
    33  company, partnership, society, joint stock company or any  other  entity
    34  or association engaged in the sale, manufacturing, distribution, import-
    35  ing  or  marketing  of  firearms,  ammunition, ammunition magazines, and
    36  firearms accessories.
    37    5. The terms "knowingly" and "recklessly" shall have the same  meaning
    38  as defined in section 15.05 of the penal law.
    39    6.  "Qualified  product"  shall have the same meaning as defined in 15
    40  U.S.C. section 7903(4).
    41    § 898-b. Prohibited activities. 1. No gun industry member, by  conduct
    42  either  unlawful  in  itself or unreasonable under all the circumstances
    43  shall knowingly or recklessly create, maintain or contribute to a condi-
    44  tion in New York state that endangers the safety or health of the public
    45  through the sale, manufacturing, importing or marketing of  a  qualified
    46  product.
    47    2.  All  gun industry members who manufacture, market, import or offer
    48  for wholesale or retail sale any qualified product  in  New  York  state
    49  shall  establish  and  utilize  reasonable  controls  and  procedures to
    50  prevent its qualified products from being possessed, used,  marketed  or
    51  sold unlawfully in New York state.
    52    §  898-c. Public nuisance. 1. A violation of subdivision one or two of
    53  section eight hundred ninety-eight-b of this  article  that  results  in
    54  harm to the public shall hereby be declared to be a public nuisance.
    55    2.  The existence of a public nuisance shall not depend on whether the
    56  gun industry member acted for the purpose of causing harm to the public.

        A. 6762--B                          3
 
     1    § 898-d. Enforcement.  Whenever there shall be  a  violation  of  this
     2  article, the attorney general, in the name of the people of the state of
     3  New  York,  or a city corporation counsel on behalf of the locality, may
     4  bring an action in the supreme court or federal district court to enjoin
     5  and restrain such violations and to obtain restitution and damages.
     6    §  898-e.  Private  right  of action. Any person, firm, corporation or
     7  association that has been damaged as a result of a gun industry member's
     8  acts or omissions in violation of this  article  shall  be  entitled  to
     9  bring  an  action  for recovery of damages or to enforce this article in
    10  the supreme court or federal district court.
    11    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    12  sion, section or part of this act shall be  adjudged  by  any  court  of
    13  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    14  impair, or invalidate the remainder thereof, but shall  be  confined  in
    15  its  operation  to the clause, sentence, paragraph, subdivision, section
    16  or part thereof directly involved in the controversy in which such judg-
    17  ment shall have been rendered. It is hereby declared to be the intent of
    18  the legislature that this act would  have  been  enacted  even  if  such
    19  invalid provisions had not been included herein.
    20    § 4. This act shall take effect immediately.
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